NEW JERSEY DIVORCE & FAMILY LAW

Separating in Monmouth County? Consider a Jersey Shore Winter Rental

By Steven J. Kaplan, Esq. May 10, 2023 3 min read

If you're thinking about separating from your spouse in Monmouth County, one of the first practical questions may be: Where am I going to live?

Staying under the same roof while you're considering or going through a divorce can be extremely difficult. But immediately signing a year-long lease or buying another home may not make sense either.

Here in Monmouth County, there may be another option that people don't always consider: A Jersey Shore winter rental.

Why a Winter Rental Can Be an Interesting Option

Anyone who has lived in this area knows how different our shore towns are in July compared with January. Many homes near the beach are rented during the summer and then become available during the off-season, typically for a period extending from the fall into the spring.

Because these homes are frequently furnished, a winter rental can potentially provide someone who is separating with a temporary place to live without immediately having to furnish an entire second household.

And that's what I like about the idea. It's temporary.

When you're at the beginning of a separation, you may not know where you'll ultimately want to live. You may not know what's going to happen with the marital home. You may still be figuring out your finances and, if you have children, what your parenting arrangement is going to look like.

You don't necessarily want to make another major long-term decision while all of those questions are still being answered. A winter rental can sometimes give you time.

But Don't Move Out Without Thinking About the Bigger Picture

This is the important part. I don't want you to read this article, find a furnished house near the beach and move out tomorrow without considering the consequences.

Separating physically from your spouse can affect a number of practical issues in your divorce.

If you have children, where will they be staying? How will parenting time work? Is the rental reasonably located in relation to their school and activities?

You also need to think about money. If you're still contributing toward the mortgage and expenses of the marital home, can you afford a second residence? Who is going to pay which household expenses after you separate? Will temporary support need to be addressed?

And don't assume that moving out automatically means you're giving up your financial interest in the marital home. That's a different issue.

The point is simply that where you live during your divorce should be part of a larger plan.

Temporary Housing Can Give You Flexibility

One reason I like the winter-rental idea is that separation often comes with uncertainty. You may eventually want to buy another home, but buying immediately may be premature.

You may ultimately keep the marital home. Your spouse may keep it. The house may be sold. Your parenting schedule may affect where it makes sense for you to live. Your financial circumstances after the divorce may be different from what they are today.

A temporary rental can give some people an opportunity to see how their new financial and parenting arrangements actually work before committing to something more permanent.

A Monmouth County Option That's Easy to Overlook

This obviously isn't the right solution for everyone. Availability, pricing and lease terms vary. A seasonal rental also means you'll eventually need another housing plan when the rental period ends. But if you're separating in Monmouth County and need a temporary place to live, I think it's an option worth knowing about.

I've practiced divorce law here for a long time, and I've seen how many decisions people have to make at the beginning of a separation. Some of those decisions are legal. Others are intensely practical. Where you're going to sleep next month is one of them.

Before you move out of your marital home, however, talk with your divorce lawyer about your particular situation. Make sure you've considered your children, your finances, the marital home and any other issues that could be affected by the move.

Then, if temporary housing makes sense, a winter rental along the Jersey Shore might be worth adding to your list of possibilities.

If you're considering separation and trying to understand the decisions that may come next, my free Divorce Smarter Course will walk you through many of the issues you'll want to understand before making important decisions.

Until next time,

Steve

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